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2022-02-15 Minutes1 MEETING MINUTES FEBRUARY 15, 2022 6:30 PM 9900 NE 2nd Avenue 1)CALL TO ORDER Mayor Harris called the meeting to order at 6:32 PM. 2)MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3)ROLL CALL PRESENT: Councilmember Alice Burch Councilmember Katia Saint Fleur Vice Mayor Daniel Marinberg Mayor Sandra Harris Councilmember Crystal Wagar was absent. ALSO PRESENT: Assistant Village Attorney Omar Bradford Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) PUBLIC COMMENTS There were no eComments for this meeting. Maria McGuiness expressed opposition to the time of the Strategic Plan Meeting and asked the Village Council to consider a larger venue for future Village Council Meetings to promote in-person civic participation. Mr. Christian Ulvert, Doctors Charter School Board Chair, spoke in support of Item 7A, joint meeting between the Miami Shores Village Council and Doctors Charter School Board of Authority. 2 5) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 5.C AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, IMPOSING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, REVIEW AND CONSIDERATION OF APPLICATIONS FOR REZONING AND/OR FUTURE LAND USE MAP AMENDMENTS DURING THE PENDENCY OF EFFORTS BY THE VILLAGE TO PROCESS CHANGES TO THE VILLAGE’S COMPREHENSIVE PLAN; PROVIDING FOR AN EXCEPTION FOR SINGLE FAMILY RESIDENTIAL APPLICATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Harris opened the public hearing and subsequently closed it as no one offered comments. Mr. Scott provided a brief overview of the item, recommending the enactment a temporary moratorium for a period of approximately six (6) months to allow the Village and consultants to work collaboratively to host public meetings, amend the Comprehensive Plan, and transmit said amendments to the State Department of Economic Opportunity for review and approval. Mr. Scott further noted that the proposed moratorium excludes submittals or applications involving only single-family residences. Councilmember Burch moved to adopt the ordinance and Vice Mayor Marinberg seconded the motion, which carried a 4-0 voice vote. 5.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP WITHIN THE VILLAGE COMPREHENSIVE PLAN, CONSISTENT WITH 163.3161, 163.3184 AND 163.3187, FLORIDA STATUTES; REDESIGNATING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY FROM MULTI-FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING AND ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Mr. Travis Kendall, Planning & Zoning Director, recommended the Village Council table the item during the pendency of the moratorium, which would prohibit the processing of any applications for rezoning and/or Future Land Use Map amendments during the pendency of the Village's efforts to make corrections to the current Comprehensive Plan. Councilmember Saint Fleur moved to table the item during the pendency of the moratorium and Vice Mayor Marinberg seconded the motion, which carried a 4-0 voice vote. 5.B AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO ZONING; AMENDING THE OFFICIAL ZONING MAP TO REFLECT A DISTRICT BOUNDARY CHANGE; REZONING CERTAIN PROPERTY, BEARING FOLIO NUMBER 11- 2230-001-0500, CONSISTING OF 1.08 ACRES (+/-) FROM A2 TO B2; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Mr. Travis Kendall, Planning & Zoning Director, recommended the Village Council table the item during the pendency of the moratorium. 3 Councilmember Saint Fleur moved to table the item during the pendency of the moratorium and Vice Mayor Marinberg seconded the motion, which carried a 4-0 voice vote. 6) RESOLUTION(S) 6.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, PERMITTING PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAMS WITHIN THE CORPORATE LIMITS OF MIAMI SHORES, FLORIDA; APPROVING AGREEMENTS WITH THE FLORIDA GREEN FINANCE AUTHORITY, THE FLORIDA RESILIENCY AND ENERGY DISTRICT AND THE FLORIDA PACE FUNDING AGENCY; UTILIZING VOLUNTARY NON-AD VALOREM ASSESSMENTS TO FINANCE QUALIFING IMPROVEMENTS; AUTHORIZING THE TOWN/VILLAGE/CITY MANAGER OR DESIGNEE TO EXECUTE SAID AGREEMENTS; AND PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS, SCRIVENER’S ERRORS, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE (STAFF: VILLAGE MANAGER). Village Clerk Rodriguez read the caption of the resolution into the record. Mr. Scott provided opening remarks and introduced Ms. Jennifer Rojo Suarez, Government Affairs Regional Director of Renew Financial, who asked for the Village Council’s support of said resolution. Councilmember Saint Fleur moved to approve the resolution and Vice Mayor Marinberg seconded the motion, which carried a 4-0 voice vote. 7) DISCUSSION & POSSIBLE ACTION ITEMS 7.A DISCUSSION AND POSSIBLE ACTION REGARDING CALLING FOR A JOINT MEETING OF THE MIAMI SHORES VILLAGE COUNCIL AND THE DOCTORS CHARTER SCHOOL BOARD OF DIRECTORS TO DISCUSS THE SCHOOL, ITS VISION, MISSION, AND ALTERNATIVE FUNDING OPPORTUNITIES (SPONSORED BY: COUNCILMEMBER KATIA SAINT FLEUR). Councilmember Saint Fleur introduced the item, indicating the purpose of the item, as stated in the caption, and requesting staff to coordinate a joint meeting between the Village Council and Doctors Charter School Board in late March/early April if it’s the pleasure of the Village Council. By way of consensus, the Village Council directed Village administration to coordinate a Joint Meeting of the Miami Shores Village Council and the Doctors Charter School Board to discuss the school’s Vision, Mission, and funding opportunities. which carried a 4-0 voice vote. No further action was taken. 7.B DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF CALVIN, GIORDANO & ASSOCIATES PROPOSAL (VILLAGE MANAGER). Village Manager Scott introduced the item, requesting that the Village Council waive the Village’s three- quote procurement requirement and to approve the Calvin, Giordano & Associates proposal to assist the Village with the Comprehensive Plan amendments, resolving discrepancies between the Future Land Use Map and text. Mr. Bradford noted amendments to the proposal concerning the indemnity clause and the Chapter 119. Vice Mayor Marinberg moved to waive the Village’s three-quote procurement requirement and to approve the Calvin, Giordano & Associates proposal as amended and Councilmember Burch seconded the motion, which carried a 4-0 voice vote. 4 On a separate note, Vice Mayor Marinberg announced the resignation of Village Attorney Sarafan, effective February 28, and asked Mayor Harris to permit Weiss Serota to speak on the upcoming village attorney vacancy. Mayor Harris declined Vice Mayor Marinberg’s request to allow other firms to have the same opportunity to address the Village Council on said matter. However, Mayor Harris expressed the importance of addressing the vacancy and recruitment process associated with the village attorney position during the meeting. Mayor Harris recommended for the Village to continue with the current firm, Genovese Joblove & Battista (GJB), until a request for qualifications (RFQ) has been issued and awarded. Village Manager Scott explained the RFQ selection process for the procurement of a legal firm, which is typically comprised of fellow municipal attorneys who will rank and shortlist the top candidates for Village Council review and approval. Vice Mayor Marinberg and Councilmember Saint Fleur spoke in opposition to the continued retention of of the existing firm (GJB) during the pendency of the official selection of the village attorney given the Comprehensive Plan amendments facing the Village. Responding to the Village Council, Mr. Bradford explained the Village Attorney position serves at the will of the Village Council pursuant to the Village Charter. Responding to the Village Council, Mr. Bradford clarified that Mr. Richard Sarafan has resigned from the position and not the firm. Mr. Bradford further expressed interest in serving in the capacity of interim village attorney until a permanent firm is selected. Discussion ensued on Sunshine Law, procurement regulations, and procedural matters affecting the Village Council’s selection of the Village Attorney. By way of consensus, the Village Council expressed interest in: - Ranking and shortlisting the top five candidates using the electronic voting system at a special meeting. - Opening the application process to firms and individuals - Conducting individual interviews of the top five candidates/firms in round-robin fashion - Appointing the village attorney no later than March 15, 2022 Responding to Councilmember Saint Fleur, Village Clerk Rodriguez stated she has been unable to locate the employment agreement between the Village and Mr. Richard Sarafan. Mayor Harris moved to direct the Village Manager to initiate the recruitment process for the Village Attorney position and for all letters of interest to be presented to the Village Council to shortlist the top five candidates; and to appoint Mr. Omar Bradford, Assistant Village Attorney, to serve as Interim Village Attorney during the pendency of the official selection of a Village Attorney, which shall take place no later than March 15, 2022. Councilmember Burch seconded the motion, which carried a 4-0 voice vote. 8) MANAGER'S REPORT The Village Manager provided an update on operational matters. 9) ANNOUNCEMENTS 5 The Village Clerk read the announcements. 10) VILLAGE COUNCIL COMMENTS Vice Mayor Daniel Marinberg- Vice Mayor Marinberg spoke about Council discussions and asked Public W orks to address exposed screws where the art sculptures were erected at Optimist Park. Vice Mayor Marinberg spoke about the NE 96 Street Roadway Improvement Project and asked the Village Manager to provide information. Vice Mayor Marinberg spoke about the “Don’t Say Gay” bill and proposed the Village issue its position to the Village lobbyist in the form of a letter drafted by the Assistant Village Attorney. Councilmember Saint Fleur moved to direct the Assistant Village Attorney to draft a letter/resolution in opposition to the “Don’t Say Gay” bill and for such letter to be circulated to the appropriate legislative representatives on behalf of the Village lobbyist. The motion was seconded by Vice Mayor Marinberg which carried a 4-0 voice vote. Councilmember Alice Burch- Councilmember Burch congratulated a resident who recently turned 100 years old. Councilmember Katia Saint Fleur- Councilmember Saint Fleur addressed concerns regarding the separation of certain employees and spoke about the voluntary resignation of such individuals. Councilmember Saint Fleur further thanked Barry University for their hard work with the Strategic Plan. Mayor Sandra Harris- Mayor Harris spoke about the Butterfly Garden at Constitution Park and the brunch event hosted by the Community Alliance on April 3. Mayor Harris further gave a shout-out to Mr. Al Davis’ mother who trained for the Olympics at the Village’s Aquatic Center 50 years ago. 11) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:06 PM.